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Derechos | Equipo Nizkor
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13Jun08 - KEN
Commission of Inquiry into the Post Election Violence (CIPEV) in Kenya: Rules and Procedure
- Kenya -
GAZETTE NOTICE No. 4923
THE COMMISSIONS OF INQUIRY ACT THIS Commission of Inquiry has been convened pursuant to its appointment to inquire into post election violence experienced in Kenya after the General Elections held on 27th December, 2007, as stated in Kenya Gazette Notice Nos. 4473 and 4474 of 2008.Cap.102)
COMMISSION OF INQUIRY
RULES AND PROCEDUREThe Commission makes the following rules for the conduct and - management of the proceedings of the inquiry under section 9 of the Commissions of Inquiry Act Cap. 102).
General:
a) The Commission shall be known as the Commission of Inquiry into the Post Election Violence hereinafter referred to as "the Commission").
b) Subject to section 9 of the said Act, the Commission shall conduct its business through-
i) meetings of the Commission;
c) The Counsel Assisting the Commission shall assist the Commission in the inquiry by investigating and reporting information to the Commission and by formally presenting evidence and/or arguments to the Commission at hearings by leading the evidence or cross-examining witnesses before the Commission.ii) review of documents including official reports of any previous investigations relating to the subject of the inquiry and investigation reports by any institutions or organizations;
iii) receipt and consideration of oral and written submissions by individuals, political parties, public and private organizations, media, civil society, observers and any other parties or persons in public meetings or otherwise;
iv) investigations;
v) hearings in Nairobi and in such other places as the Commission shall determine; -
vi) hearings in camera;
vii) research and analysis into relevant aspects relating to the subject of the inquiry;
viii) any other means of gathering information; and
ix) compilation of a report with recommendations for further action.
d) The Commission shall appoint such other staff as it shall deem fit for the discharge of its mandate.
e) The Commission shall meet as often as may be necessary for the dispatch of its business within a period not exceeding three months.
f)Meetings of the Commission shall be held on such date and at such time and place as the Commission shall decide.
g) Unless otherwise provided by or under any law, all instruments made by and decisions of the Commission shall be signified under the hand of the Chairman and/or the Secretary.
h) The Commission may direct that the public shall not be admitted to all or to any specified part of the proceedings of the inquiry.
i) The Commission shall cause minutes of all proceedings of meetings of the Commission to be kept in a book for that purpose.
j) Except as provided by the Act, the Commission shall regulate its own proceedings.
Hearings: -
k) Save as may otherwise be determined by the Commission, meetings of the Commission for the purposes of conducting hearings shall take place between 9.00 a.m and 3.00 p.m. from Monday to Friday.
l) Subject to the Commissions of Inquiry Act, the conduct of and procedure to be followed at the hearing shall be under the control and direction of the Commission.
m)Hearings shall be held in public, but the Commission may exclude any person or class of persons from all or any part of the proceedings of the inquiry if satisfied that it is desirable to do so-
i) for the preservation of order at the proceedings; or
ii) for the due conduct of the inquiry; or
iii) for the protection of the person, property or reputation of any witness in the inquiry or any person referred to in the course of the proceedings thereof.
a)[sic] The Commission may, if satisfied that it is desirable for any of the purposes mentioned above, order that no person shall publish the name, address or photograph of any such witness or person or any evidence or photograph identifying such witness or person.
a)[sic] Any person who is in any way implicated or involved in any -matter under inquiry shall be entitled-
i) before being called as a witness to be informed of any allegations which are made against him and the substance of the evidence in support of such allegations;
ii) to an adequate opportunity to prepare his own defence;
iii) to be legally represented at the inquiry at his own expense;
iv) to have his evidence led by his legal representative;
v) to cross-examine or have his legal representative test by cross-examination the evidence of any witness who implicates him.
p) The Commission may call for any further evidence on any point relating to any matter before it and may recall any witness for further examination.
q) The Commission may summon any person or persons to testify on oath and may call for the 'production of books, plans, materials and documents that the Commissioners may require.
r) All government entities, agencies and officials and all witnesses shall co-operate fully with the Commission and shall make available all documents and witnesses relevant to the mandate of the Commission.
s) Witnesses who testify will give their evidence at a hearing under oath or upon affirmation unless otherwise ordered by the Commission in its discretion.
t) The Commission may issue or serve a hearing notice or summons upon each witness before he testifies and witnesses may be called more than once.
u) A person may be granted full or partial standing as a party by the Commission if the Commission is satisfied that the person is directly and substantially affected by the subject matter of the hearing.
[Source: Gazette Notice No. 4923, The Kenya Gazette, Vol. CX - No. 46, Nairobi, 13 June 2008, p. 1441.]
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This document has been published on 13Mar18 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
